HÖFLER v. AUSTRIADISSENTING OPINION OF MM. M.P. PELLONPÄÄ,

Doc ref: • ECHR ID:

Document date: October 18, 1995

Doc ref: • ECHR ID:

Document date: October 18, 1995

Cited paragraphs only

DISSENTING OPINION OF MM. M.P. PELLONPÄÄ,

B. MARXER, G.B. REFFI, B. CONFORTI,

C. BÎRSAN, K. HERNDL.

For the following reason we have voted against the finding of a

violation of Article 6 para. 1 of the Convention:

We find that the majority has not given sufficient weight to the

substantive delay attributable to the applicant in the proceedings (see

para. 42). This delay has to be balanced against the delays

attributable to the authorities (see para. 43). We find that in such

circumstances the overall length of the proceedings has less

significance. Balancing the delay attributable to the applicant

against the delays attributable to the authorities we conclude that

Article 6 para. 1 of the Convention has not been violated in the

present case.

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